§ 28-40-107 - Petition for probate and appointment of personal representative.
28-40-107. Petition for probate and appointment of personal representative.
(a) An interested person may petition the court of the proper county:
(1) For the admission of the will to probate, although it may not be in his or her possession or may be lost, destroyed, or outside the state;
(2) For the appointment of executor if one is nominated in the will;
(3) For the appointment of an administrator if no executor is nominated in the will or if the person so named is disqualified or unsuitable, or refuses to serve, or if there is no will.
(b) A petition for probate may be combined with a petition for the appointment of an executor or administrator. A person interested in either the probate of the will or the appointment of a personal representative may petition for both.
(c) A petition for probate of a will or for the original appointment of a general personal representative, or for both, shall state:
(1) The name, age, residence, and date and place of death of the decedent;
(2) The names, ages, relationships to the decedent, and residence addresses of the heirs and devisees, if any, so far as they are known or can with reasonable diligence be ascertained;
(3) The probable value, stated separately, of the real and of the personal property;
(4) If the decedent did not reside in the state at the time of his or her death, a general description of the property situated in each county in this state and the value thereof;
(5) If the venue is based upon 28-40-102(a)(4), the facts establishing the venue;
(6) If the decedent died testate and the will is not filed, the contents of the will, either by attaching a copy of it to the petition or, if the will is lost, destroyed, or suppressed, by including a statement of the provisions of the will so far as known;
(7) The names and residence addresses of the persons, if any, nominated as executors; and
(8) If the appointment of a personal representative is sought, the name and residence address of the person for whom letters are prayed, his or her relationship to the decedent, or other facts, if any, which entitle the person to appointment.